N.Y. Comp. Codes R. & Regs. tit. 9 § 576.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 576.1 - General rules

(a) Where there are practical difficulties in carrying out the strict letter of the provisions of the plan or the shoreline restrictions, the agency may, after public hearing, vary or modify their application so that their spirit is observed, public safety and welfare secured and substantial justice done.

(b) A variance will be granted when the adverse consequences to the applicant resulting from denial are greater than the public purpose sought to be served by the restriction.

(c) In determining whether a variance shall be granted, the agency will consider, among other relevant factors:

(1) whether the application requests the minimum relief necessary;

(2) whether granting the variance will create a substantial detriment to adjoining or nearby landowners;

(3) whether the difficulty can be obviated by a feasible method other than a variance;

(4) the manner in which the difficulty arose;

(5) whether granting the variance will adversely affect the natural, scenic, and open space resources of the park and any adjoining water body, due to erosion, surface runoff, subsurface sewage effluent, change in aesthetic character, or any other impacts which would not otherwise occur; and

(6) whether the imposition of conditions upon the granting of the variance will ameliorate the adverse effects referred to in paragraph (5) of this subdivision.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 576.1